Expression of Interest (EOI) - South East Local Land Services Web viewIt is being collected by Local Land Services and will be used for purposes related to the internal review of your

Expression of Interest (EOI)

PART B – Statement of Requirements

Name:

EOI for Long Term Grazing Permits on

South East Local Land Services Travelling Stock Reserves (TSR)

For the period 1 July 2016 to 30 June 2017

Location(s): Bega, Bombala, Boorowa, Braidwood, Cooma, Goulburn and Yass

© State of New South Wales – 2016

Version Approved 130516

Privacy Statement The personal information you provide on this form is subject to the Privacy and Personal Information Protection Act 1989. It is being collected by Local Land Services and will be used for purposes related to the internal review of your privacy complaint.

Local Land Services will not disclose your personal information to anybody else unless authorised by law.

The provision of this information is required to be supplied. If you choose not to provide the requested information we may not be able to process your internal review.

You have the right to request access to, and correct details of your personal information held by the agency. Further information regarding privacy can be obtained from the NSW Department of Industry website at www.industry.nsw.gov.au/privacy.

Table of Content


Version Approved 130516 Page 2 of 17

http://www.industry.nsw.gov.au/privacy

sAbout the Travelling Stock Reserves Grazing Permits............................................................4

Part 1: General conditions...................................................................................................5

1) Grant of Stock Permit 5

2) Local Land Services’ powers and functions 5

3) Condition of Reserve 5

4) Emergencies 6

5) Risk 6

6) Indemnity 6

7) Public risk insurance 6

8) Compliance 6

Definitions 8

Interpretation 9

Part 2: Special Conditions.................................................................................................10

Traveling Stock Reserves subject to current EOI..................................................................12

Bega Area 12

Bombala Area 12

Boorowa Area 13

Braidwood Area 13

Cooma Area 14

Goulburn Area 15

Yass Area 15

South East LLS Policy on Long Term Grazing Agreements..................................................16

1. General Conditions 16

2. Method of Pricing 16

3. Length of Permits 16

4. Exclusion Clause Required 17

5. Priority to adjoining Owners 17

6. Standard Templates must be applied regionally 17



Introduction

About the Travelling Stock Reserves Grazing Permits

South East LLS manages Travelling Stock Reserves (TSR) within its region. Annual grazing permits for these reserves were previously issued through the South East and Tablelands Livestock Health and Pest Authorities, but with the formation of the LLS Long Term Grazing Permits will now be issued through the South East LLS.

Long term grazing permits in the Bega, Bombala, Boorowa, Braidwood, Cooma, Goulburn and Yass areas will be offered from 1 July 2016 to 30 June 2017 with at the discretion of South East LLS an additional year. The change is to ensure a balance between maximising tenure certainty of permit holders and ensuring adequate market return for the TSR assets.

As LLS is a new organisation there is likely to be some further state-wide policy development of TSR grazing arrangements and these may need to be accommodated within the term of the grazing permit period.

EOIs are being sought from eligible applicants for long term grazing permits for the TSRs listed in Table 1 and presented on the maps on the following pages.

EOIs should be submitted in accordance with Part A – Information about the EOI.

EOIs are to be submitted on the Response Form provided with the package (Part C – Response Form)



Grazing Agreement

Part 1: General conditionsThe following terms and conditions constitute conditions of your Permit with which you must comply. A breach of this Agreement may constitute an offence under the Act.

1) Grant of Stock Permit(a) You may use and occupy the Reserve only for the purposes specified in the Permit.

(b) You may only carry out those activities on the Reserve which are necessary for the proper care and control of the stock permitted by the Permit to graze the Reserve.

(c) This Agreement does not confer on You any right of exclusive possession of the Reserve nor any proprietary right in the Reserve. LLS may issue permits to other persons to carry out activities on the Reserve.

(d) You must permit persons authorised by the Act (including persons carrying out recreational activities) to access the Reserve.

(e) This Agreement is personal to You. You must not transfer or create any interest in this Agreement nor may You deal with Your rights under this Agreement in any way.

(f) Subject to any rights you may have under the Act, You are not entitled to any compensation, costs or damages on suspension or termination of this Agreement.

2) Local Land Services’ powers and functions(a) LLS may exercise any power, delegation, authority, duty or function as provided by Act

in relation to any matter arising out of the terms of this Agreement. Nothing in this Agreement restricts or affects LLS' discretion as to the use of LLS' statutory powers.

(b) LLS may vary the terms and conditions of this Agreement at any time. You will be notified in writing of any variations to the terms and conditions of this Agreement and You must comply with any such variations after you are notified of them.

(c) Any reference to approvals or consents of LLS in this Agreement must be given in writing to be effective. Unless this Agreement provides otherwise, LLS may give or withhold approval or consent to any act, matter or thing in its absolute discretion, and subject to such conditions as it may determine. Any such condition will become a condition of this Agreement.

(d) You must not act or represent Yourself to be the servant or agent of LLS.

3) Condition of Reserve(a) You must at all times keep the Reserve in a clean and tidy condition.

(b) You must repair all fences, gates and flood crossings on a Reserve as necessary to keep the Reserve stock proof.

(c) You must promptly notify LLS if you discover any poisonous plants or pests on the Reserve. You must remove any poisonous plants, pests or abandoned or discarded materials (such as car batteries) which may cause stock disease or death.

(d) An authorised officer of LLS may, at all reasonable times, enter the Reserve and inspect the Reserve and any stock on the Reserve, and take such action to ensure compliance with the Agreement and the Act.



(e) On the Terminating Date You must make sure that the Reserve is in good repair and condition, reasonable wear and tear excepted, and is clear and free from all rubbish.

4) Emergencies(a) LLS reserves the right to allow third parties' stock to be placed on any Reserve during

emergency situations, such as floods, bushfires and other disasters.

(b) LLS may order You to remove Your stock or reduce Your stock numbers on a Reserve at any time when LLS considers there to be an emergency situation, or considers that further grazing may be detrimental to the recovery of pastures or that further grazing may degrade the Reserve.

(c) LLS may, at its own discretion, refund all or part of any fees where it issues any directions or orders under this clause.

5) Risk(a) You agree to occupy and use the Reserve at Your own risk.

(b) You release, to the full extent permitted by law, LLS and the Crown and their respective officers and employees, from all claims, demands, actions, proceedings, damages, losses, liabilities, costs and expenses of every kind in respect of or resulting from:

(i) any accident, damage, death, loss or injury in connection with the Reserve and your use and occupation of the Reserve;

(ii) any poisoning from pesticides, chemicals or poisonous plants on the Reserve;

(iii) any disease spreading to stock on the Reserve.

6) IndemnityYou must indemnify LLS and the Crown from and against all liabilities, actions, suits, claims and demands of whatsoever nature and all damages, costs, charges and expenses in respect of any accident, injury or illness to any person or property arising out of or in connection with:

(a) Your use or occupation of the Reserve (including where arising from any act or thing which you may be authorised or compelled to do under this Agreement);

(b) Your stock including the escape of any stock from the Reserve; and

(c) Any breach of this Agreement,

except to the extent caused or contribute by the negligence or wilful act or omission on the part of LLS or the Crown.

7) Public risk insuranceYou must effect and maintain for the Term with reputable insurers a public liability insurance policy for the amount specified in the Permit (and if no amount is specified $20 million) for any one occurrence, which policy must note the interest of LLS and anyone else nominated by LLS. You must provide LLS with a certificate of currency and a copy of the insurance policy on reasonable request.

8) Compliance(a) You must comply with the requirements of all statutes, regulations or by-laws

(including the Act), and with the requirements of all relevant public and local authorities, in so far as they apply in relation to the use and occupation of the Reserve.



(b) You:

(i) must contain stock on the Reserve, and if any stock escape from the Reserve You must immediately return them to the Reserve or land under Your management;

(ii) must ensure that your occupation and use of the Reserve does not encroach outside the Reserve; and

(iii) must ensure that stock on the Reserve are free of lice and diseases.

(iv) must immediately notify the LLS if any stock on the TSR are or become diseased and take whatever action is directed by the LLS to control the disease. This may involve removing some or all stock from the TSR or termination of the permit.

(c) You must not:

(i) carry on or permit any person to carry on any noxious, noisome or offensive activity in the Reserve;

(ii) do anything that might damage the Reserve and You must immediately repair any damage You cause or contribute to the Reserve;

(iii) do or permit any person to do any act, matter or thing which results in nuisance, damage or disturbance to LLS or owners or occupiers of adjoining or neighbouring land, including promptly removing rogue stock that are causing nuisance to adjoining landholders;

(iv) carry out any hazard reduction burning on the Reserve except with the approval of LLS, any necessary approval from the Rural Fire Service and in accordance with any required environmental approvals;

(v) undertake any works (including buildings, structures or fences) to the Reserve without the consent of LLS;

(vi) place a lock on any gate on a Reserve without approval from LLS, and where approval is given You must use a combination lock and provide the combination to the local office of LLS.

(vii) shoot, trap, bait or otherwise harm protected native fauna on the Reserve;

(viii) cultivate the Reserve;

(ix) overstock the Reserve, as determined by LLS Biosecurity Officer, having regard to good practice;

(x) mine, remove, extract, dig up or excavate any sand, stone, rock (including bush rock), gravel, clay, loan, shell, timber or similar substance on the Reserve; or

(xi) clear the Reserve (including native vegetation) without the consent of LLS and without all other approvals required under the Native Vegetation Act 2003, the Threatened Species Conservation Act 1995 and any other relevant legislation.

(d) You must immediately notify LLS of the discovery of any artefact and comply with the LLS' directions in relation to those artefacts.

(e) If You fail to comply with any term or condition of this Agreement, then LLS may by notice direct You to:

(i) cease anything that you are doing on the Reserve; and/or

(ii) carry out within the time specified in the notice, or such other time as LLS may direct in writing, any works necessary to rectify or remedy the non-compliance.



(f) You must comply with any notice issued by LLS at Your own expense. If You fail to comply with the notice within the specified time (or if no time is specified within a reasonable time), LLS may remedy Your default and recover the cost of doing so from You.

DefinitionsIn this Agreement the following terms, unless the contrary intention appears, mean:

Act means the Local Land Services Act 2013 (NSW) and includes any regulations issued under that Act.

Agreement means Your Permit and the terms and conditions of this Agreement.

Biosecurity Officer means Team Leader Invasive Species & Pest Health, Senior Biosecurity Officer, Biosecurity Officer or Biosecurity Support Officer.

Commencing Date means the date on which the Permit commences, as specified in the Permit.

Crown means head of the commonwealth (King or Queen) in right of the State of New South Wales, their officers, contractors, employees and agents.

Permit means the permit for grazing granted to You under the Act, of which this Agreement forms part.

Reserve means the travelling stock reserve over which the Permit is granted.

Term means the duration of the Permit as specified in the Permit unless terminated earlier in accordance with this Agreement.

Terminating Date means the date on which this Permit expires as specified in the Permit or any sooner date on which the Permit is cancelled.

You and Your means the person described as the Permit Holder on the Permit and includes your employees and agents.



InterpretationThe following apply in the interpretation of this Agreement:

Permit terms and conditions prevail: If any inconsistency arises between the Permit and this Agreement, the terms of the Permit and any special conditions attached to it will prevail to the extent of the inconsistency.

Applicable Law: The laws of New South Wales apply to this Agreement.

Headings and notes: Headings and notes have been inserted for guidance only and do not form part of this Agreement.

Joint and Several Liability: Any covenant or agreement on the part of two or more persons binds those persons jointly and severally.

Persons: A reference to a person includes a corporation and vice versa.

Plurals/Grammar: Words importing the singular number include the plural number and vice versa, and where a word or phrase is defined, its other grammatical forms have corresponding meanings.

Include: A reference to include or including means includes, without limitation, or including, without limitation, respectively.

Parts: Anything includes each part of it eg a reference to the Reserve includes any part of the Reserve.

No permitting Breaches: Any obligation on You under this Agreement to do or not to do anything includes a further obligation that You will not permit or allow a breach of such obligation by any other person.

References to legislation: References to statutes, regulations or instruments includes all statutes, regulations or instruments amending, consolidating or replacing them.

Severability: If any provision in this Agreement is invalid or unenforceable this Agreement will remain otherwise in full force apart from that provision, which will be deemed deleted.



Part 2: Special Conditions

1. You are to pay the annual fee in full and in advance unless otherwise agreed to in writing by the LLS. These fees will be paid prior to any livestock being placed on the Reserve.

2. Reserves not paid in full by the successful applicant within 30 days of invoice being issued (or payment plan approved) may be eligible for Expression of Interest by another applicant.

3. You may terminate this Agreement on not less than 30 days' prior written notice to LLS. Local Lands Services may at any time terminated the permit on the direction of either The Minister, The Board of Chairs or the Regional Local Land Service Board.

4. Within a period determined by LLS, You must provide a land management strategy in a required form to LLS for approval. Once approved by LLS, you must ensure that the Reserve is grazed in accordance with the land management strategy.

5. The Long Term Grazing Permit is not transferable nor is the reserve to be sub-let. If the area over which this Permit is issued adjoins the Permit Holder’s holding, and the holding is sold, the Permit is not transferable to the new owner of the holding. The South East LLS must be advised in writing that the Permit is to be cancelled. The new owner of the holding must make written application for consideration of a Grazing Permit over the area if they wish to make use of the area.

6. If you have a Long Term Grazing Permit revoked you may be ineligible for approval for another Long Term Grazing Permit on any reserve for a period specified by the LLS.

7. You must control Noxious Weeds and environmental weeds by hand methods or by selective herbicide application that will not damage, kill or destroy native vegetation. Noxious Weeds has the same meaning as that term is defined in the Noxious Weeds Act 1993 (NSW).

8. You must control declared pest animals or insects and nuisance animals if directed by the LLS on the Reserve. Failure to continually suppress and destroy may result in termination of the permit and the LLS carrying out the work at the permit holder’s expense.

9. Any herbicides or pesticides used by You or on Your behalf in effecting weed or pest animal control (or for any other purposes) shall be used in accordance with the provisions of the Pesticides legislation &/or the product label. Copies of chemical use records for Reserve land are to be provided to LLS if requested.

10. You undertake not to graze on the Reserve without specific approval from the LLS, the following stock; medullated fibre shedding sheep, goats.

11. You must remove any dead stock from the Reserve as soon as practical.

12. You accept that bona fide travelling stock have the right to access the Reserve for access to water and overnight camping. The walking permit will specify the overnight requirements of walking stock on Reserves where Long Term Grazing permits are current.

13. You must not supplementary feed stock on the Reserve without LLS permission in writing.

14. No entire male horse (including a stallion, colt or rig), cattle (including bull or stag) or sheep (including ram or stag) is permitted to be grazed on the Reserve without prior



written approval from LLS. In circumstances where entire animals are run on a reserve the permit holder will be responsible to ensuring the animal(s) are kept on the reserve at all times, do not cause any damage to fences or infrastructure and do not interfere with neighbouring stock. Permit holders may be requested to remove all entire animals if this is not achieved.

15. Cattle

(a) All cattle placed on a Reserve must be identified with an NLIS device prior to being moved onto the Reserve.

(b) Calves born on Reserves must be tagged with NLIS devices registered for the Reserve.

(c) Cattle from dairy holdings must have a Dairy BJD Assurance Score of 7 or above and that score must be maintained while the cattle are on the Reserve.

16. Grazing is not authorised on the reserve:

(a) When groundcover falls below 70% assessed across the whole of the reserve.

17. The Permit Holder shall not erect or cause to be erected any buildings sheds, fences, etc without written authority from the LLS.

18. Rogue stock that are giving trouble to adjoining landholders are to be removed immediately.

19. There must be no diversion or interference with any natural flow of water on the reserve.

20. LLS is unable to guarantee the status of the Reserve regarding Ovine or Bovine Johnes Disease. Permit holders are encouraged to take appropriate risk management measures.

21. Where water is supplied to the reserve you are responsible for the cost of supply. This charge is in addition to the annual permit fee and will be billed as a separate tax invoice when received from the supply authority. You are responsible for the cost of repair and maintenance of the water structure where the damage is caused by you, your employee, agent or livestock.



Traveling Stock Reserves subject to current EOISouth East Local Land Services (LLS) invites responses through an Expression of Interest (EOI) process for Long Term Grazing permits for the period from 1 July 2016 to 30 June 2017 on the following Travelling Stock Reserves (TSR’s) located in the Bega, Boorowa, Bombala, Braidwood, Cooma, Goulburn and Yass areas:

Bega Area Travelling Stock Reserves available in the Bega area

Reserve name Reserve numberBrennans NR00003Kanoona R68300Kemps Lane, Kameruka R96377Stoney Creek R676

Bombala Area Travelling Stock Reserves available in the Bombala area

Reserve name Reserve number8 Mile R2182Ando R48193Avon Lake R36990Beresford R100242401Bibbenluke Bridge NR00004Black lake R72403Bukalong R70942Church Creek R5003901Church Creek - Tip R5003902Common R71039Craigie R51865Gunningrah R19475Jincumbilly R25401Kirkenong/Delegate River R373Little Plain R42416McKays Bush R5548701McKays River R5548702McLaughlan River R49588Mila R37299Native Dog R1002423Nimmitabel Meatworks R132Nivens R870Peadons R24115Redgate R44417Round Hill R1002409Saucy Creek R49319Top Beresford R100242402Walkers R18052Yellow Water Hole R1002426



Boorowa Area Travelling Stock Reserves available in the Boorowa area

Reserve name Reserve numberBala R1002534Bees Nest Reserve R48727Bennett Springs R50174Castles Creek R2223 & R2320Dryburgh R54902Geegullalong Tank R2453Hawk Hill R49996Hovells Creek R43988Illyria R1001964Langs Creek R201Narrallen R70105Reids Flat R55383Riversley R85874

Braidwood Area Travelling Stock Reserves available in the Braidwood area

Reserve name Reserve number2 Mile R276826 Mile B'wd R404276 Mile Flat R40425Black Flat R10843Brooks Hill R11134Burra R68102Charleyong R1002047Chinnerys R37799Doughboy R1001815Duck Flat (1) R969101Duck Flat (2) R969102Emu Flat R1002147Gib R65081Gidleigh R51045Gilberts Creek R27681Googong R1001945Jerrabatgulla R22585Jinden R1002442Lagoon R53403Larbert R57528Mayfield NR00001Mulloon R68371O'Keefes Lge R41161Reedy Creek East R1001869Rossi R2407Royalla R1002533Schofields R1002475Sweeneys R64793



Cooma Area Travelling Stock Reserves available in the Cooma area

Reserve name Reserve number13 Mile Berridale R4666413 Mile Nimmitabell R6615 Mile Bobundara Rd R1618 mile Berridale R8964 Mile Nimmitabel R413818 Mile Bobundara RD R41166Adaminaby Cemetery NR00002Adaminaby Saleyards R9070601Adaminaby Town R82815Alum Creek R744Anembo R35506Beloko R71023Black Flat East R3342501Black Flat West R3342502Boggy Plain R86225Bridlesdale R90079Chakola R31603Cobbin R49776Coolrington R50989Dalgety R51622Dariymans Plain R67096Dog Kannell Creek R14875Greylands R67098Grosses Plain R922Gungoandra R1002419Ingebyra R22200Jindabyne Saleyards R91216Kybeyan R906Kydra R782Lockers Creek R9070602Moonbah R645Nimmo R1002462Northam R306Old Trucking Yards R54948Pine Flat R59726Polo Flat R83469Queensgallery R1002454Rocky Plain R60505Round Plain R21717Rushes Creek R18Saleyard R63Slacks Creek East R31601Slacks Creek West R31602Snowy Golbys R1002449Snowy Golby's R641Snowy Plains R737



Travelling Stock Reserves available in the Cooma areaReserve name Reserve numberSprings R82875Thistletons R63535Tolbar R51236Tozers R83274Wire Yards R49610Yaouk R21233

Goulburn Area Travelling Stock Reserves available in the Goulburn area

Reserve name Reserve numberBig Hill R17430Collector R1002133Gurrundah R89984Norwood R50Nummel R45515

Yass Area Travelling Stock Reserves available in the Yass area

Reserve name Reserve numberBerrebanglo R17811Bowning R45628Chain Of Ponds R1002428Childowla R2668Coolalie R28593Davis No. 1 R44587Eedy's New R60989Grabben Gullen R28043Gunning Junction R1001823Hearlys R1002030Heffernan's R36968Hughstonia Tank R35042Humes Creek R59606Illalong R34440Lamb's R21545Lyell's R1002410McInerney's R13228Merryville R1002172Mullion R10886Narrawa Hall R45882Rifle Range R17412Sugarloaf R1002481Tinkers Creek R72159Warroo R11480Water Works R1002391White Flag R1002004



South East LLS Policy on Long Term Grazing Agreements

South East Region can issue long term grazing permits subject to the following:

1. General Conditions a) Reserves that are identified for long term grazing permits must be clearly defined by

a reserve identifier, a map demonstrating location and boundaries, size in hectares, listing any infrastructure, dams, creeks/rivers, access agreements and environmental and cultural heritage points of significance.

b) Regions must call for expressions of interest (EOI) in local papers published in the area of the reserves being offered for longer term grazing giving at least 3 weeks’ notice to landholders to lodge their EOI.

c) A panel will assess applications on information provided in the EOI and make recommendations to management.

d) The EOI must call for the following information to be lodged as a minimum:

• Detail the names and contact addresses and telephones of the interested party;

• The place of business residential address of the interested party, their ABN and Property Identification Codes (PIC);

• A statement of public liability insurance coverage that will need to be copied to the LLS before permits are issued;

• A brief statement of livestock production and land management experience;

• The reserve identifier and location subject of the EOI;

• The period of grazing requested;

• The annual fee being lodged for consideration is to be GST exclusive; and

• Acceptance of the payment agreement terms if EOI is accepted.

e) All EOIs received by South East LLS region from the Chairman, Board member or their spouse, parents and children or adopted children and/or staff and their spouse, parents and children or adopted children must be referred to the Board of Chairs Conflict of Interest Subcommittee who shall undertake the consideration of all of the expressions of interest received for that reserve.

2. Method of Pricinga) The South East region has set a minimum fee for each reserve. This minimum fee

is $150 exclusive of GST.

• The minimum fee is to cover the cost of administering and maintaining each reserve within the region under the EOI process.

b) Infrastructure improvement plans may be accepted in conjunction with or in lieu of fees on a case by case basis.



3. Length of Permitsa) Permits will be for a period of 1 year with the option of another year at the discretion

of South East LLS.

4. Exclusion Clause RequiredThere must be a clause in the permit conditions which allows the Permit to be cancelled before its stated expiration at the written advice of the Minister, or the Board of Chairs or the Local Board of LLS.

5. Priority to adjoining OwnersSouth East Region gives a weighting system for adjoining landowners i.e. neighbours (contiguous land with a common boundary fence). A landholder with a contiguous boundary to a reserve will receive a 50% weighting advantage over other respondents in their final evaluation score.

6. Standard Templates must be applied regionallya) Long Term Permits must be in the LLS Standard Long Term Permit Agreement

format.

b) Other standard templates developed by the CRT and endorsed by the ESU will be applied regionally.



Documents

Expression of Interest (EOI) - South East Local Land Services Web viewIt is being collected by Local Land Services and will be used for purposes related to the internal review of your